Child Custody

Child Custody

Child Custody Lawyers in Chicago, IL

Your children’s best interests are the dominant factor in Illinois courts’ child custody and parenting decisions. Demonstrating how the best interest standard applies to your case requires both a thorough understanding of the law and extensive, thoughtful preparation to apply the law to your circumstances.

Motta & Motta LLC can help you make secure decisions that help you maintain your strong relationship with your children while serving their best interests.

We understand that child custody is often the most difficult and emotional issue arising during a divorce or post-divorce proceeding and with over 40 years of combined experience in handling child custody cases dealing with various issues, our lawyers are able to work with clients to achieve the most successful child custody solution possible.

Custody Agreements

Sole Child Custody

In a sole custody situation, the child resides with the custodial parent and that parent has the authority to make all decisions affecting the child. The non-custodial parent has no decision making authority for major decisions, but only day to day decisions while the child is in his or her care.

Joint Child Custody

Under a joint custody situation, the child generally resides with only one of the parents, known as the residential parent; however, both parents have joint decision making power for major decisions. Under a joint custody, the parties must have a written parenting agreement which provides a basis for the parenting of the child. For joint custody to be successful, both parents must be able to put aside their differences and communicate effectively to discuss and agree upon on all major issues affecting the child. In the event the parents are unable to come to agreement, generally, Joint Parenting Agreements require mediation prior to court intervention.

Typically, under either sole custody or joint child custody, the non-residential parent is required to pay child support to the residential parent. The amount of visitation for the non-residential parent is not affected by the type of custody. In either situation, the non-residential parent may be awarded extensive time with the child if it is deemed to be in the child’s best interests.

When the parties cannot agree on custody, the court is required to award custody to a parent based upon the best interests of the child. In determining the best interests of the child, the court is required to consider the following:

  • The wishes of the child’s parents as to his or her custody.
  • The wishes of the child as to his or her custodian (if the circumstances are appropriate).
  • The interaction and interrelationship of the child with his or her parent or parents, his or her siblings, and any other person who may significantly effect the child’s best interests.
  • The child’s adjustment to his home, school, and community.
  • The mental and physical health of all individuals involved.
  • The physical violence or threat of physical violence by the child’s potential custodian, whether directed against the child or directed against another person.
  • The occurrence of ongoing abuse as defined by the Illinois Domestic Violence Act whether directed against the child or directed against another person.
  • The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other spouse and the child.
  • Whether either party is a sex offender.


When facing a child custody action, the most important step you can take is contacting an experienced family law attorney. Motta & Motta LLC divorce attorneys have over 40 years of combined experience in handling child custody cases dealing with various issues. When fighting for your children, make sure you have a team with a proven track record protecting your parental rights.

Fill out the form to receive your free case evaluation and one of our team members will be in touch with you as soon as possible.

If you need to speak with an attorney now, please give us a call at our Chicago or Aurora, IL office to discuss the specifics of your case and what courses of action may be available to you.

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